Seanad debates

Tuesday, 4 December 2007

Defamation Bill 2006: Committee Stage

 

6:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

I apologise. I was going to say that section 29 is very much connected with section 12. In considering the issue of the Supreme Court having the power to adjust the award of damages, what consideration has been given to the question of whether it should be a jury that awards damages at the level of the High Court, as is provided for in section 29? If one considers the analogy with the criminal law, the jury is the trier of fact and the judge is the trier of law. In criminal law cases the jury does not decide the sentence. I am sure we would agree unanimously that it would not be desirable for it to do so. Why do we not give consideration to the question whether the judges would be the best people to decide the amount of compensation to be awarded, the fact of defamation having been established to the satisfaction of the jury? Has the Minister given the matter any consideration? I reserve the right to table an amendment on Report Stage on the matter.

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